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Madras High CourtCMA/2696/2024settled before the lokadalats

N.E.Vijayaraghavan v. M/S.Fine Furniture Pvt Ltd

2025-06-14Honourable Mr.Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.N.Balasubramanian, District Judge (Retd) Mrs.S.Thenmozhi, Advocate CMA No.2696 of 2024 Appeal against the Judgment and decree dated 05.09.2023 passed in M.C.O.P.No.139 of 2017 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Poonamallee.

N.E.Vijayaraghavan ...Appellant Vs.

1.M/s.Fine Furniture Pvt. Ltd., Residing at No.48, Varatharajapuram, Trunk Road, Poonamallee, Chennai - 600 056.

2.United India Insurance Company Ltd., No.48, Arcot Road, Saligramam, Chennai - 600 093.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for appellant and Mr.D.Baskaran, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.C.O.P.No.139 of 2017 dated 05.09.2023 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Poonamallee.

2.The Tribunal has awarded a sum of Rs.1,84,025/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

3.Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal. After due deliberation and consultation, both parties have agreed for enhancement of the award amount by a sum of Rs.1,50,000/- (Rupees one Lakh fifty five thousand only) in full quit over, and above the amount already awarded by the Tribunal, as compensation.

4.The 2nd respondent, The United India Insurance Company Limited, is directed to deposit the enhanced amount of Rs.1,50,000/- (Rupees one Lakh fifty five thousand only) in addition to the amount awarded by the Tribunal, if not already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the amount. Award is passed accordingly.

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5. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. N.E.Vijayaraghavan Counsel for the Appellant 1.M/s.Fine Furniture Pvt. Ltd., Residing at No.48, Varatharajapuram, Trunk Road, Poonamallee, Chennai - 600 056.

2.United India Insurance Company Ltd., No.48, Arcot Road, Saligramam, Chennai - 600 093.

Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (Subordinate Judge), Poonamallee. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies 3/4

P.B.BALAJI.J., ata/cda CMA.No.2696 of 2024 14.06.2025 4/4